Majority
p. 1101In re MOORE et al. In the matter of the application of David V. Moore and Michael F. Skane, electors and taxpayers of the town of Beekman, Dutchess county, N. Y., for resubmission etc., of local option questions under section 13 of the Liquor Tax Law (Consol. Laws, c. 34). (Supreme Court, Appellate Division, Second Department. March 20, 1914.)
Order reversed, and resubmission ordered, with $10 costs and disbursements, on the ground that the question of local option could not be legally submitted under the Liquor Tax Law, where the notice of a meeting for Tuesday was not published till the previous Saturday. The requirement of at least five days’ prior publication is mandatory. Matter of Town of Livingston, 189 N. Y. 549 , 82 N. E. 1133 ; 23 Cyc. 99. Although the conduct of the election is not complained of, and the ballots showed a general expression by the town electors, this failure in the length of time of publication made the vote cast wholly void, and requires a resubmission.
Cases cited
- In re the Town of Livingston 189 N. Y. 549 p. 1101